DARRELL WAGNER DBA PROFESSIONAL ENTERTAINMENT (2)

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oURANCEONFILE N-2021-241 �� WORK MAY PROCEED UNTIL INSURANCE EXPIRES O --30.2-2- O CLERK OF COUNCIL SATE CONSULTANT AGREEMENT pU CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 7th day of December, 2021, by and between Darrell Wagner dba Professional Entertainment ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing Santa character services for the Santa Ana Winter Village grand opening event on December 9, 2021. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. The City may utilize funds provided under the American Rescue Plan Act ("ARPA") for this Agreement. ARPA was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Entertainment Estimate attached hereto as Exhibit A and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $5.9".0 during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.